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Sentiment and the Law: Inventing the Category of the Wretched Slave in the Real Audiencia of Santo Domingo, 1783–1812
Open accessAbstract
This essay explores the idea of the “pious humaneness” of the Spanish monarchy as it manifested in the legal and judicial activities of the Real Audiencia of Santo Domingo . In the 1780s, two new imperial policies relating to slavery held the potential to improve slaves’ lives. I focus on slaves’ power to denounce and correct neglect or abusive punishment in light of the new imperial policies. I reexamine social historians’ assumption that laws related to “humane” treatment were not enforced. They often were, and were several times even strengthened over masters’ objections. Slave treatment was a social order problem.
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72 No basis given · 49 Own interpretation · 33 Sources not found · 20 Own result · 10 No full text of the sources · 5 Not checked yet
In the paper
“By 1784, Santo Domingo's army officers, town representatives, and plantation owners provided senior judge Emparán y Orbe their opinion on the codification mandate.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not checked — no full text of the sourcecites [28] 28. Another scholar who questions this assumption is Emily Berquist, "Early Anti-Slavery Sentiment in the Spanish Atlantic World, 1765-1817," Slavery and Abolition 31, no. 2 (2010): 181-205. source
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“my analysis of slaves' presence in the courts as recorded and reported by the RASD reveals a growing anxiety among colonial administrators about the violence associated with slavery”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
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- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
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In the paper
“In the eyes of the committee and the monarchy, the expansion of agriculture depended on increasing slave imports.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Instead, the Minister of the Indies conceded tax-relief measures to the farmers of Santo Domingo.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not matchedcites [26] 26. The judge Pedro José Bravo de Lagunas may have used the humane frame to free up space to develop their own judicial philosophy and methods to prove cases and reach verdicts. See Premo, "An Equity," 495-517.
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In the paper
“The legal archive I investigate here struggled with abuses against African slaves.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
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In the paper
“Santo Domingo's governor, Manuel Azlor, used the destruction caused by two hurricanes in 1765 and 1766 as an opportunity to dispatch a report by city council representatives to King Charles III, reminding him that, despite the fertility of the soil, the island was one of his poorest lands.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not matchedcites [24] 24. Premo, "An Equity," 499.
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In the paper
“This directive would become the 1784 codification project entitled Código negro carolino.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not matchedcites [19] 19. Fernando Ortiz, Los negros esclavos (Habana: Ciencias Sociales, 1975).
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In the paper
“Similarly, planters and representatives of colonial authority in 1760s Santo Domingo wanted a plantation economy like that of French Saint-Domingue.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Santo Domingo's town council complemented the economic plan by updating the colony's bylaws regulating slavery.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Local reformers wanted to transform Santo Domingo's deficient cattle economy into a sugar plantation system like its French neighbor's.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Santo Domingo planters as well as the military clearly opposed royal ameliorative intrusion.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“City magistrate Antonio Dávila Coca advocated for the creation of a co-judge who would serve as final arbiter of the justice of judicial resolutions and their usefulness in maintaining the subordination of slaves.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“José Núñez de Cáceres, a chaplain in Santo Domingo, indicated that in his hacienda [plantation] the distribution of labor, daily schedule, food and dress were already performed according to equity and justice.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not checked — no full text of the sourcecites [30] 30. Christopher Schmidt-Nowara, "Still Continents (and an Island) with Two Histories?," Law and History Review 22, no. 2 (2004): 378-82. source
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In the paper
“The president of the RASD appointed senior judge and Dominican priest Agustín Emparán y Orbe to carry out the task.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not checked — no full text of the sourcecites [21] 21. Ariela Gross, Double Character. Slavery and Mastery in the Antebellum Southern Courtroom (Princeton: Princeton Univ. Press, 2000). source
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In the paper
“The royal order of December 1783 resuscitated Santo Domingo's economic ambitions and its corresponding legal project.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Their unanimous consensus was that no further legislation was needed, as planters already had to endure multiple encroachments on their rights from the judiciary and the Church.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Comprising imperial administrators and local farmers, the committee met in 1772 and produced a document that contained eight petitions.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“However, while García advocated for masters' freedom to manage their slave force, he left a discussion of the technicalities of manumission to legal authorities.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“He felt that his own observance of Christian instructions made the royal mandate redundant, an attitude shared by many slave owners who objected to regulation.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Lieutenant Colonel Ignacio Caro blamed the colony's unproductive slave force on the Church's interference as well as civil society's careless manumissions.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not checked — no full text of the sourcecites [29] 29. Christopher Schmidt-Nowara, Empire and Antislavery: Spain, Cuba, and Puerto Rico, 1833- 1874 (Pittsburgh: Univ. of Pittsburgh Press, 1999), 3. source
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In the paper
“During the eleven months of British domination, approximately twelve thousand slaves were brought to the island, and Cuban planters had a glimpse of the fortunes to be made through the trade and the exploitation of slave labor.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Its first and most important petition was twofold: that the king should spend in two consecutive years 100,000 pesos to purchase 10,500 African slaves and that the royal treasury would exempt from import tariffs an additional 40,000 black slaves over five years.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not checked — no full text of the sourcecites [25] 25. Alejandro de la Fuente, "Slave and the Creation of Legal Rights in Cuba: Coartación and Papel," Hispanic American Historical Review 87, no. 4 (2007): 664. source
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In the paper
“Given that the interests of private planters and the monarchy were already aligned, the king ought to allow masters to decide on slaves' tasks, schedule, and daily care.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Excluding the ancient legislation of Las Siete Partidas [The Seven Divisions], in which a thirteenth-century king had outlined slave-care guidelines, García remarked that no previous royal decrees or edits had been concerned with slaves' entitlement to a specific sort of daily care.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Judicial authorities voiced deep regrets for the violence that slaves experienced and dictated exemplary punishments for the killing of a slave even as they failed to account for how often such killings occurred.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
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In the paper
“They often were, and were several times even strengthened over masters' objections.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
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In the paper
“It was born, in part, of national envy: the royal decree argued that the French Code noir underlay neighboring Saint-Domingue's economic success.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
What the sources say
- Not matchedcites [20] 20. Contributions by Alejandro de la Fuente, María Elena Díaz and Christopher Schmidt-Nowara, "Forum: What can Frank Tannenbaum still teach us about the Law of Slavery?," Law and History Review 22, no. 2 (2004), 339-87.
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In the paper
“the Royal Decree of 29 October 1769 instructed Azlor to create a committee that would work to improve production of indigo, cacao, cotton, and tobacco and the commercial exchange of leather”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
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In the paper
“Victims of excessive discipline would be confiscated and sold to another master.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
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In the paper
“Despite this reaction from masters, the 1789 royal decree proved durable.In different forms, it resurfaced at least twice in the nineteenth century.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
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In the paper
“For discipline that resulted in bleeding or mutilation, masters would be prosecuted and punished according to regular criminal laws; they could be imprisoned and their possessions seized.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
hedgeddirect- Asserted: passes — The authors put it forward as true.
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In the paper
“As a manifestation of the so-called proyectismo[preoccupation with projects of reform] of the Hispanic Enlightenment, the text instructs both legal professionals and laymen on the mutual obligations binding master and slave and on the responsibilities of free blacks after manumission.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
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In the paper
“Because free blacks could not be forced back to the fields as slaves could, exploiting Santo Domingo's richness would require fresh slave imports.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
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In the paper
“In their view, the Real Cédula of 1789 would only become a tool for undermining masters at slaves' whims.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
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In the paper
“no deben considerase los negros como unos entes puramente físicos incapaces de virtud y de razón, o como puros autómatas útiles solo para los penosos trabajos de la agricultura”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
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In the paper
“Although masters and the Crown shared economic interests, masters took these gestures as propaganda, leading to tensions.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
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In the paper
“In addition to hindering the sugar business, they argued, codifying and publicizing masters' responsibilities in this way would transform conveniently vague moral obligations into slaves' rights to an education, proper shelter, adequate food, and suitable dress.If slaves knew they had legal rights, they might develop a sense of entitlement.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
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In the paper
“A few were tried for maltreatment, and a few overseers for causing the death of a slave.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
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The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The first Diario dates to 1786 and includes 392 resolutions.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds. It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
None of the sources cited for this claim have been checked yet.
In the paper
“In 1787, the judicial diary Relación de los autos [Account of resolutions] indicates that the tribunal resolved over 450 conflicts.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
In the paper
“Their document made no direct claim to the right to use violence, but the reader was left to speculate as to the degree of violence needed to enforce slave humility and subordination.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
What the sources say
- Not matchedcites [42]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
None of the sources cited for this claim have been checked yet.
In the paper
“Emparán y Orbe reminded masters of the Spanish legal tradition that for centuries had limited their dominium and established that slavery was against nature and freedom; slaves had a moral personality that entitled them to personal security.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The master was consequently set free under bail and a new investigation opened to evaluate his responsibility in the incident.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Solid education would enhance their natural inclination to be honest, laborious, and reasonable.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Slaves must be managed with sweetness and moderation, with exacting but soft discipline.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Furthermore, shackles, chains, or stocks could not be applied to the slave's head.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Two cases of abusive punishment resulting in the slaves' death occurred in Havana and they were, at first, handled differently.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
In the paper
“In 1791, the Testimonio de diario's [Daily Report] 1,042 resolutions include only one criminal claim related to cruel castigation in Vega, Santo Domingo.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [48]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“If he were found not to be at fault, then he would remain free as well as recover his property, all interest generated by his capital, and the slave.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
hedgedconditionalSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“the decree limited the corporal punishment a master could legally inflict on his slaves to twenty-five lashes with a soft device (though it failed to give an example of what such a device might be)”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Humaneness as well as selfinterest, they argued, already inclined them to fulfill their moral duty to slaves, so they did not need the Crown's intervention.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“A few years later, a similar impulse led to the Real Cédula de Su Majestad sobre la educación, trato y ocupaciones de los esclavos of 31 May 1789, a document that made many of the same points.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The court granted Heredia's demand and condemned the owner to pay legal expenses and the cost of appraisal of the slaves.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“A few months after the royal edict of 28 February 1789, which allowed the Spanish to import slaves, was sent to the Secretaría [Ministry] of Peru, the king promulgated the second important slave-related policy of the 1780s under discussion in this essay, the Real Cédula de Su Majestad sobre la educación, trato y ocupaciones de los esclavos of 31 May 1789.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“In 1788 the focus of the archive shifted toward the state of the royal treasury.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The court reduced his time in prison but admonished the governor of Havana to interrogate Sánchez and his master.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Thus, although some abuses by the lower personnel in the judiciary were taken seriously, these cases are so rare as to be numerically irrelevant.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
In the paper
“The court also ordered the forced sale of the slave Lucas Narvarro in Bayaguana, Santo Domingo, and included a warning to the ex-owner to leave his former slave in peace or be jailed for two years.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [47]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“If masters abided by imperial and local norms and taught their slaves religion, Emparán y Orbe suggested, Africans would be properly socialized and would then apply themselves to agricultural labor.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“They argued that their property rights were as sacred as the supposed kindness with which they treated their workers.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > NO COMMUNITY OF READERS: MASTERS REACT TO THE REAL CÉDULA OF 1789
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
In the paper
“The governor of Havana had sentenced Hernández to six months of community service in the city's charity house, but the public prosecutor of Santo Domingo thought that punishment too lenient.Instead, he requested eight years of prison with shackles and forced labor”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [49]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The final confirmation of Castañeda's freedom arrived after six years of litigation.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Criminal prosecutions for excessive punishment reached the superior court in Santo Domingo only because of a discrepancy in sentences dictated by the lower courts.An aggrieved overseer rather than a slave would bring the perceived injustice to the superior court's attention.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“The prosecutor invoked the Real Cédula of 1789 in his decision and manifested his growing concern with such crimes, which he said had become increasingly common in Havana.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [49]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Cayetana Fenández de Velasco had tried to defend herself on the grounds that she had noble origins and a proud family name, but the authorities were not impressed.Neither was the Regency in Spain, which in 1812 confirmed the couple's punishment.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“The victim pressed charges against a couple named Juan Gómez Frayle and Cayetana Fenández de Velasco for abusive punishment.Castañeda had been not only severely burned over her face and body, including her genitals, but also shackled and publicly exhibited.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [52]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
In the paper
“Some judges owned mines and used slaves to work them.As miners, these judges were cruel and sometimes lethal slavedrivers.As court judges, they rejected their slaves' demands and silenced them.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [53]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Beginning in 1787, slaves fared even worse at the hands of the law as the number of prosecutions of crimes committed by slaves increased with every report.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“By 1797, the date of the last diary, most resolutions related to criminal charges of various natures, but none charged a master with maltreatment.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“As already seen, records dating to before this transfer to Cuba do not include extensive accounts of abuses by masters, but at the dawn of the new century, court officials sent to Madrid the transcripts of at least two major claims.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Three slaves in Santo Domingo were able to press charges for cruelty against their owners; their petition to be sold to a different master was granted.All demands but one occurred before 1789.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“That same year, the superior court also admonished the commander of Arzua for mistreating a slave prisoner.A slave named Santiago was found guilty of killing a man.As Santiago was on his way to jail, the drivers severely beat Santiago and stole his handkerchief and two pesos.When they arrived at the jail with their prisoner, the drivers did not turn in a travel incident report, nor did the comm”
- Also stated in: § STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO · plain
“On 7 June 1786, the regent ordered the court in Arzua to investigate within fifteen days the assault perpetrated against Santiago, discover the identity of the drivers, obtain their testimony, and incarcerate them in the royal prison.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [51]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Also stated in: § STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO · plain
In the paper
“García Velasco took it upon himself to raise awareness of these abuses and protested against the weakness of court personnel who did not implement the royal decree of May 1789.He denounced the corruption of a system in which private interests trumped those of the public.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [53]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In blood crimes, the judge instructed, the stipulated punishment was”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaincorrelationalSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“One of these cases began with a female slave named María de la Merced Castañeda being treated in the hospital of San Francisco de Paula in Havana for thirty-three severe skin burns.The case came to the attention of the Trinidad district commissary in 1806.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [52]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“On 12 August 1786, the court ruled in favor of one Don Josef Araza.Araza had made a claim against another Spanish colonist, Caspar Diaz, for the wounds Diaz had inflicted upon one of Araza's slaves.The court disapproved of the lower court's poor resolution of the case, which-though unknown to us-was evidently not stringent enough.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
In the paper
“Castañeda, it emerged, was tortured for leaving the house and for the disappearance of a garment.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [52]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
In the paper
“The violation of the royal decree of May 1789 was part of the legal argument that led to condemning the owners to two years in prison and a two hundred peso fine.The resolution also set Castañeda free.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [52]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
In the paper
“In Fernández's case, a local priest had cooperated in the secret burial of a deceased slave, killed at the master's hands.The prosecutor demanded that the bishop of Havana file a disciplinary hearing against the priest and take the necessary steps to prevent similar future violations by the clergy.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [49]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Not until 1886 was slavery abolished in its American colonies and the Philippines.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Although this language of humaneness was employed to buttress imperial power with moral superiority, it also served to uphold slavery and its attendant terrors.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
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- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“slavery law was forged in practice and was often understood to be a matter of local customary law”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
What the sources say
- Not checked — no full text of the sourcecites [13] 13. Christine Hünefeldt, Paying the Price of Freedom (Berkeley: Univ. of California Press, 1994); source
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Humaneness was a legal language and a court performance, which colored the writing of the history of slavery by a monarchy concerned with its image.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
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- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Before the British opened Havana to free trade, Spain had tightly regulated slave imports.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
plain- Asserted: passes — The authors put it forward as true.
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Probably not a substantial claim. The paper’s conclusions may not depend on it.
In the paper
“they also litigated to keep their families together, obtain permission to marry, bring charges when they were victims of crimes, and sue for freedom”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
What the sources say
- Not checked — no full text of the sourcecites [11] 11. Bianca Premo, "An Equity Against the Law: Slave Rights and Creole Jurisprudence in Spanish America," Slavery and Abolition 32, no. 4 (2011): 495-517; source
plain- Asserted: passes — The authors put it forward as true.
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It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Scholars agree that the British occupation of Havana from 1762 to 1763 was a turning point in the history of Spanish slavery, an observation I extend to Spanish slavery laws.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“judges' reactions to violent deaths of slaves reflected not only alarms about violence but also about the challenges of enforcing imperial laws”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
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- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The implication of his argument was that there was little reason for them to do so now.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > ECONOMIC AND LEGAL PRECEDENTS OF THE 1784 AND 1789 REFORMS
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
In the paper
“In the first half of the eighteenth century, according to historian Bianca Premo's analysis, a judge of the Superior Court of Lima sided with slaves in shaping judiciary and doctrinal practices.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
What the sources say
- Not checked — no full text of the sourcecites [13] 13. Christine Hünefeldt, Paying the Price of Freedom (Berkeley: Univ. of California Press, 1994); source
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Centuries-old civil laws and practices allowed slaves to carry on social activities and gave them legal standing to testify against their masters in colonial courts, which arguably provided them some protection against abuse.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The legal systems of other empires, in contrast, provided no such precedent.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The Código's historical relevance rests not on its legal nature, as many of the changes it proposed never became law, but on its attempt to create a rhetorical community of readers with shared perceptions of slave ownership.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
- Rests on an assumption: The 1784 Código's proposed changes largely never became law.
In the paper
“This supposed moral instability justified their enslavement and acculturation.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > HUMANE SUBTEXT OF THE LAWS
What the sources say
- Not matchedcites [37]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The archive indicates that the fashionable rhetoric of”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
The quote only partly states this claim.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In focusing on the language of humaneness and conflicts around the exercise of violence that framed the legal reform of the late eighteenth century, I do not imply that slavery in Latin American colonies was milder, more humane, or more liberal in contrast to the inarguably cruel Anglo-American system.Instead, I suggest that imperial and local reformers' rhetoric-deployed to persuade masters to a”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Local reformers believed that strengthening the legal framework of the Crown's power over the slave labor force in America would help Spain regain moral, economic, and political power.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Public knowledge of private violence had the potential to benefit slaves, but how owners argued their right to property also played a role.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
hedgedconditionalSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“In short, the evidence of the diaries suggests that slaves in the city of Santo Domingo, where the RASD was located, were able to invoke the law for their benefit-yet there were far more claims for coartación [self-purchase] than there were appeals for maltreatment.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
What the sources say
- Not matchedcites [50]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Rests on an assumption: The surviving court records and diaries accurately and representatively reflect the incidence and nature of slaves' legal claims and masters' abuses in the periods studied.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“But the pedagogical language of”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Tensions around the”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“By contrast, in Cuba the justice system appears not to have been of much use to slaves, who simply died at the hands of cruel overseers.In addition, castigations for the death of a slave were lenient in Cuba.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“An analysis of the laws concerning slave treatment, and of the judgments of the RASD at the turn of the century, helps us understand the frame within which slaves maneuvered to effect change and to improve their living conditions.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Through a revitalized rhetoric of”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“The Real Orden [Royal Order] of 4 November 1784 abolished as inhumane the practice of branding slaves on the face or back upon their entry to the Americas.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Local reformers propped up these ideals and appealed to the king's supposed concern for his most vulnerable vassals.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“At stake was the integrity of the legal and the judiciary systems, as well as the restoration of social order after a public scandal.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Once again, slaves' grievances were taken into consideration as occasions to reassert the”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Local authorities addressed the public display of aggression by private individuals acting”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one. The quote only partly states this claim.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Furthermore, as two additional cases indicate, the resolutions' didactic tone implies that one of the RASD's central concerns was to educate its staff regarding procedural laws.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > STAGING OF SENTIMENT IN THE REAL AUDIENCIA DE SANTO DOMINGO
hedgeddirectn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Legal and political reform exploited the idea of benevolence to sustain slavery, a policy that may provide some insight to the problem of how laws that limited masters' power also allowed for the creation of the largest plantation complex in the Spanish colonial empire.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Judges' interventions in cases of violent death reflect not only concerns about violence but also about royal authority and difficulties enforcing imperial laws.”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > CONCLUSION
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper relies on this without support.
The Real Audiencia de Santo Domingo had appellate jurisdiction over colonial Cuba, Florida, Puerto Rico, Louisiana, and Santo Domingo.
“the superior court of appeals with jurisdiction over colonial Cuba, Florida, Puerto Rico, Louisiana, and Santo Domingo”
The paper relies on this without support.
The Diarios and Relaciones accurately and representatively record the RASD's resolutions.
“A series of Diarios [Diaries] containing approximately 2,000 rulings of the RASD between 1785 and 1797”
The paper relies on this without support.
The 1784 Código's proposed changes largely never became law.
“as many of the changes it proposed never became law”
The paper relies on this without support.
The absence of recorded prosecutions for neglect indicates such prosecutions did not occur rather than being unrecorded.
“These reports show that no masters were prosecuted for neglect.”
The paper relies on this without support.
The surviving court records and diaries accurately and representatively reflect the incidence and nature of slaves' legal claims and masters' abuses in the periods studied.
“In short, the evidence of the diaries suggests that slaves in the city of Santo Domingo, where the RASD was located, were able to invoke the law for their benefit-yet there were far more claims for coartación [self-purchase] than there were appeals for maltreatment.”
The paper relies on this without support.
The specific court cases examined are representative of broader judicial practice in the regions and periods discussed.
“An analysis of court cases during the reform years suggests that space for slaves' agency was limited.”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
Rated minor: it would not touch a result — a value no result rests on, a p-value that stays on the same side of the significance level, or a conflict that is clerical, resolved elsewhere in the paper, or outside its own findings.
In the paper
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > Abstract
“playwright Luciano Comella (1741-1812)”
§ Sentiment and the Law: Inventing the Category of the Wretched Slave > References
“Luciano Francisco Comella (1751-1812): Otra cara del Teatro de la Ilustración”
Citations
Cites
Empire and antislavery: Spain, Cuba, and Puerto Rico, 1833-1874
(1999) · Choice Reviews Online · doi:10.5860/choice.37-1777 · Cited by 169
Biography and the Black Atlantic
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Casas, B. D. L. (1994) · Fondo de Cultura Económica eBooks · Cited by 140
Slave and Citizen: The Negro in the Americas
Aptheker, H., & Tannenbaum., F. (1947) · The American Historical Review · doi:10.1086/ahr/52.4.755 · Cited by 132
Slave Law and Claims-Making in Cuba: The Tannenbaum Debate Revisited
de la Fuente, A. (2004) · Law and History Review · doi:10.2307/4141649 · Cited by 131
Slave and Citizen: The Negro in the Americas
Aptheker, H., & Tannenbaum, F. (1947) · The American Historical Review · doi:10.2307/1842341 · Cited by 131
Slaves and the Creation of Legal Rights in Cuba: Coartación and Papel
de la Fuente, A. (2007) · Hispanic American Historical Review · doi:10.1215/00182168-2007-039 · Cited by 105
Enslaved rebels, fugitives, and litigants: the resistance continuum in colonial quito
Bryant, S. K. (2004) · Colonial Latin American Review · doi:10.1080/1060916042000210800 · Cited by 103
Empire And Antislavery: Spain Cuba And Puerto Rico 1833-1874
Schmidt-Nowara, C. (1999) · doi:10.2307/jj.11660140 · Cited by 100
Colección de documentos para la historia de la formación social de Hispanoamérica, 1493-1810
Konetzke, R. (1954) · doi:10.1215/00182168-34.2.211 · Cited by 74
(2001) · Choice Reviews Online · doi:10.5860/choice.39-0486 · Cited by 69
Paying the Price of Freedom: Family and Labor among Lima's Slaves, 1800–1854
Hünefeldt, C. (1994) · doi:10.1525/9780520378247 · Cited by 69
Freedom Papers: An Atlantic Odyssey in the Age of Emancipation
Scott, R. J., & Hébrard, J. (2012) · doi:10.4159/harvard.9780674065161 · Cited by 61
Double Character: Slavery and Mastery in the Antebellum Southern Courtroom
Huebner, T. S., & Gross, A. J. (2002) · The Journal of Southern History · doi:10.2307/3070187 · Cited by 55
An Equity Against the Law: Slave Rights and Creole Jurisprudence in Spanish America
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Captivity and Redemption: Aspects of Slave Life in Early Colonial Quito and Popayán
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How Juan and Leonor Won Their Freedom: Litigation and Liberty in Seventeenth-Century Mexico
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Slaves, Free Blacks, and Race in the Legal Regimes of Cuba, Louisiana, and Virginia: A Comparison
Gross, A. J., & de la Fuente, A. (2013) · University of North Carolina School of Law Scholarship Repository (University of North Carolina Hospitals) · Cited by 35
Early Anti-Slavery Sentiment in the Spanish Atlantic World, 1765–1817
Berquist, E. (2010) · Slavery & Abolition · doi:10.1080/01440391003711073 · Cited by 29
Double Character: Slavery and Mastery in the Antebellum Southern Courtroom
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Socially Not So Dead! Slave Identities in Bourbon Nueva Granada
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‘Misunderstood Love’: Children and Wet Nurses, Creoles and Kings in Lima's Enlightenment1
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- [3]3. First published in Italian as Riflessioni imparziali sopra l'umanità degli spagnuoli nell'Indie, contro I pretesi filosofi e politici, per servire di lume alle storie dei signori Raynal e Robertson(Venice,1780), the book was translated into Spanish twice, by Pedro Varella y Ulloa in 1782 and by the author's brother, Josef de Nuix y de Perpiñá, in 1783. For biographical details on Nuix, see Isacio Pérez Fernández, Juan Nuix y Perpinyà, S.J. frente a Bartolomé de las Casa, O.P. Dos españoles en la disputa de América de los 'ilustrado' del S. XVIII(Madrid: Institutos Pontificios, 2001), 1-7. For a critical approach to Nuix's evaluation of America's early colonization, see, Jorge Cañizares-Ezquerra, How to Write the History of the New World: Histories, Epistemologies, and Identities in the Eighteenth-Century Atlantic World (Stanford: Stanford Univ. Press, 2001), 35, 171, 182-86.
- [5]5. Darlene Clark, Hine and Jacqueline McLeod (Bloomington: Indiana Univ. Press, 1999), 202-22;
- [15]15. María Elena Díaz, "Beyond Tannenbaum," Law and History Review 22, no. 2 (2004): 373. On the Eruopean debate regarding the sustainabitly of empire, Anthony Pagden, Lords of the World: Ideologies of Empire in Spain, Britain and France, 1500-1800 (New Haven: Yale Univ. Press, 1995), 156-75.
- [20]20. Contributions by Alejandro de la Fuente, María Elena Díaz and Christopher Schmidt-Nowara, "Forum: What can Frank Tannenbaum still teach us about the Law of Slavery?," Law and History Review 22, no. 2 (2004), 339-87.
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Pereira, B. C. J. (2021) · Ethnic and Racial Studies · doi:10.1080/01419870.2021.1896019 · Cited by 2
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Romney, S. S. (2020) · Cambridge University Press eBooks · doi:10.1017/9781108623957.004 · Cited by 1
Metadata
- Authors
- Hontanilla, A.
- Corresponding author
- Hontanilla, Ana
- ORCID
- Hontanilla, Ana
- Venue
- Eighteenth-Century Studies
- Publisher
- Project MUSE
- Published
- 2015-12
- Volume
- 48
- Issue
- 2
- Pages
- 181-200
- ISSN
- 0013-2586 (ISSN-L)
- 1086-315X
- OpenAlex
- W2026079079
- Cited by
- 45
- References
- 22
- Citations by year
- 2023: 9 · 2022: 2 · 2021: 2 · 2020: 29 · 2019: 1 · 2017: 1
- FWCI
- 6.20
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Eighteenth-Century Studies (publishedVersion)
- NC Digital Online Collection of Knowledge and Scholarship (The University of North Carolina at Greensboro) (submittedVersion)
- Project Muse (Johns Hopkins University) (submittedVersion)
- Topics
- Social Sciences › Arts and Humanities › History › Colonialism, slavery, and trade
- Social Sciences › Arts and Humanities › History › Medieval and Early Modern Justice
- Social Sciences › Arts and Humanities › History › Historical Studies in Latin America
- Keywords
- slavery, slave punishment, Spanish colonial law, colonial justice, Spanish monarchy, social order, legal enforcement
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